Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 21

Education

  (1)   It is unlawful for an educational authority to discriminate against a person on the ground of the person's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

  (a)   by refusing or failing to accept the person's application for admission as a student; or

  (b)   in the terms or conditions on which it is prepared to admit the person as a student.

  (2)   It is unlawful for an educational authority to discriminate against a student on the ground of the student's sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding:

  (a)   by denying the student access, or limiting the student's access, to any benefit provided by the educational authority;

  (b)   by expelling the student; or

  (c)   by subjecting the student to any other detriment.

  (3)   Nothing in this section applies to or in respect of a refusal or failure to accept a person's application for admission as a student at an educational institution where:

  (a)   the educational institution is conducted solely for students of a different sex from the sex of the applicant; or

  (b)   except in the case of an institution of tertiary education--education or training at the level at which the applicant is seeking education or training is provided by the educational institution only or mainly for students of a different sex from the sex of the applicant.


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